Pinter v. James Baker, Inc.

Citations

• 272 Pa. 541
• 116 A. 498
• 1922 Pa. LEXIS 865

Syllabus

<p>Negligence — Minors — Employment of minor — Certificate — Charge — Harmless error — Act of May IS, 1915, P. L. !B86 — Evidence inadmissible when offered — Age of minor — Fact of age— Ignorance of age — Appeal.</p> <p>1. In an action by a minor under sixteen years of age brought by his father, and by the father in his own right, against the boy’s employer, where the father admits knowledge of his son’s employment in violation of the Act of May 13, 1915, P. L. 286, the defendant is entitled to binding instructions, so far as the individual claim of the father is concerned.</p> <p>2. The court cannot be convicted of error for refusing a general offer of defendant to show that the minor plaintiff was sixteen when employed, where the record and notes of trial show that, at the time of the offer, the defense relied on was lack of knowledge of the boy’s true age at the date of employment, and not the assertion that he was then'over sixteen.</p> <p>3. Evidence that the minor made a false statement of his age to defendant prior to his employment is inadmissible.</p> <p>4. Where an objection to testimony is based on a reason, in itself good, according to the issues apparently involved, and the objection is sustained, the ruling will be affirmed on appeal though appellant may then call attention to grounds, other than those suggested when the ruling was made, which ordinarily would warrant the admission of the proofs tendered.</p> <p>5. A suggestion made in a charge that a Pennsylvania employer must obtain a certificate under the Act of May 13, 1915, P. L. 286, for all youthful employees, whether under or over sixteen, whereas the obligation extends only to those under that age, is not ground for reversal, where the jury were not told that the absence of the certificate made the defendant liable, and such instruction is therefore harmless error.</p> <p>Practice, G. P. — Trial — Evidence — Demonstration by another person's wounded hand.</p> <p>6. Refusal of the trial judge t